One of the more current topics in international arbitration is third-party funding (TPF), allowing outsiders and investors to pay for the claimant's claims. TPF raises considerable ethical issues, transparency, and procedural fairness in addition to its advantages of widening access to justice and leveling the playing field for financially disadvantaged claimants. Some of the key issues include potential conflicts of interest, disclosure, and control by funders of arbitral procedures. This study provides a critical examination of TPF's role and importance in international arbitration through discussions of modern legal frameworks, ethics, and judicial methodologies. It further considers whether transparency disclosure requirements should be tightened and the possible reforms that would encourage integrity and impartiality in arbitral processes.

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Third-Party Funding in International Arbitration: Ethical Concerns, Disclosure Requirements, and Procedural Fairness

  • Saad Al Doseri,
  • Raed Alnimer

摘要

One of the more current topics in international arbitration is third-party funding (TPF), allowing outsiders and investors to pay for the claimant's claims. TPF raises considerable ethical issues, transparency, and procedural fairness in addition to its advantages of widening access to justice and leveling the playing field for financially disadvantaged claimants. Some of the key issues include potential conflicts of interest, disclosure, and control by funders of arbitral procedures. This study provides a critical examination of TPF's role and importance in international arbitration through discussions of modern legal frameworks, ethics, and judicial methodologies. It further considers whether transparency disclosure requirements should be tightened and the possible reforms that would encourage integrity and impartiality in arbitral processes.